New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Attorney-Client Privilege — Waiver — Advice of Counsel Defense — Voluntary Production of Documents Reflecting In-House Counsel’s Advice Waives Subject Matter, Requires Production of Outside Counsel’s Advice (Fed.R.Evid. 502(a))

Stolarik v. New York Times Co., 2019 U.S. Dist. LEXIS 160994 (S.D.N.Y. Sept. 20, 2019): Plaintiff Robert Stolarik — a photographer who formerly worked for the New York Times (the "Times") — brings this action against the Times and Michele…
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Daubert: Conclusion That X Is Prima Facie a Cause Of Y ≠ A Conclusion X Caused Y — Expert Must Apply The Methods Of His Or Her Discipline for Expert to Be Qualified to Testify As to Outcome

In re Nat'l Prescription Opiate Litig., 2019 U.S. Dist. LEXIS 146608 (N.D. Ohio Aug. 28, 2019): OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION TO EXCLUDE MARKETING CAUSATION OPINIONS OF SCHUMACHER, LEMBKE, AND KEYES Before the Court is Defendants' Motion…
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Attorney-Client Privilege: Call from Prisoner to Sister Relaying Message for Attorney Not Privileged Where Prisoner on Notice Calls Were Monitored and Sister Not Essential to Effective Communication with Lawyer — Communication Not in Confidence

United States v. Mejia, 655 F.3d 126 (2d Cir. 2011): Defendant-Appellant Joel Rodriguez ("Rodriguez") appeals from a judgment of conviction entered on June 30, 2010, by Judge Denise Cote of the United States District Court for the Southern District of…
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Exceptional Case Fees Per 28 U.S.C. §285 Require Winning — Even If District Court Found Litigation Misconduct, Fees Can’t Be Sustained on Appeal as Sanctions If Not Awarded as Sxs — Hiring Judge’s Ex-Partner to Disqualify = Litigation Misconduct

UCP Int’l Co. v. Balsam Brands Inc., 2019 WL 4509162 (Fed. Cir. Sept. 19, 2019): *1 The instant appeal is the companion to concurrently issuing Appeal No. 18-1256 (“the Merits Appeal”), where we determined that the U.S. District Court for…
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Inherent Power: in Exceptional Case, Bad Faith Conduct at Issue in Case May Be Sanctioned — Unless Appeal Is Sanctionable, Fact It Arises Out of Such Conduct Irrelevant — 28 U.S.C. §2412 Codifies Inherent Power, Waives Sovereign U.S.’s Immunity

Luther v. United States, 2019 WL 1645983 (5th Cir. Apr. 17, 2019): *1 The Equal Access to Justice Act, 28 U.S.C. § 2412(b), waives the government’s sovereign immunity for the imposition of attorneys’ fees “to the same extent that…
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RICO: Plaintiff Must Plead Specifics as to Each Defendant, No “Lumping” (Good Quote) — Conclusory Allegations of Enterprise Insufficient — No Threat of Continuing Criminal Activity when Everything Occurs in Connection with a Trial

Walker v. Beaumont Independent Sch. Dist., 2019 WL 4458378 (5th Cir. Sept. 18, 2019): *1 With this appeal, we review the district court’s dismissal of the entirety of Appellants’ claims pursuant to the Texas Citizens’ Participation Act, (“TCPA”), TEX. CIV. …
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Even After All Parties Have Consented to Plenary Jurisdiction of Magistrate Judge, Only District Judge May Rule on Motion to Withdraw Consent to Jurisdiction of Magistrate Judge — Circuit Split

Branch v. Umphenour, 2019 U.S. App. LEXIS 26784 (9th Cir. Sept. 5, 2019): Appellant Louis Branch, a prisoner in the California state prison system, brought this pro se suit alleging civil rights violations by various prison officials. After the conclusion …
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Inherent Power Sanctions—While Court May Sanction for Noncompliance with Order, It Is Not Required to (Good Quote) — Rooker-Feldman Inapplicable to Independent Claim, Even If It Denies State Court Legal Conclusion in Case to Which Plaintiff Was Party

Williams v. Capital One Bank (USA) N.A., 2019 WL 4187363 (11th Cir. Sept. 4, 2019) (unpublished): PER CURIAM: *1 Troy Williams appeals the dismissal of his Fair Credit Reporting Act (FCRA) claims against Capital One Bank (USA), N.A., and the…
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Recent Articles

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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